UPDATED: Makati RTC denies DOJ’s motion for issuance of arrest warrant for Trillanes

Senator Antonio Trillanes IV. along with his lawyer. Atty. Rey Robles, and some members of the Magdalo group, pose for a photo as they wait for the decision of a Makati court on his coup d’ etat case, inside his senate office. (Photo courtesy office of Senator Trillanes)
Senator Antonio Trillanes IV poses with the Makati RTC Branch 148 sheriff on Monday, Oct. 22, 2018 as he receives the resolution from the court dismissing the motion for the issuance of an arrest warrant and hold departure order filed by the Department of Justice. (Photo courtesy office of Senator Antonio Trillanes IV)

(Eagle News) – The Makati Regional Trial Court branch 148 handling the coup d’etat case of Senator Antonio Trillanes IV has junked the motion for the issuance of arrest warrant against the senator on Monday, Oct. 22, 2018, saying that it was “powerless” to revive a case which had long been dismissed.

Makati RTC Judge Andres Soriano said that the coup d’etat case was dismissed based on the court’s order dated Sept. 21, 2011, or seven years ago, by virtue of Proclamation No. 75 of former President Benigno Aquino III granting Trillanes amnesty.

“The dismissal, it appears, has become final and executory,” the Makati court’s resolution on Monday said.

“Well established is the doctrine that a final and executory judgment shall be immutable. The Court, in fact, loses jurisdiction over the case when its decision has become final and executory,” the resolution read.

Nonetheless, Soriano said that he “went on to review the legality and resolve factual issues surrounding Proclamation No. 572,” based on the the Supreme Court in G.R. No. 24194.

Proclamation No. 572 was issued by President Rodrigo Duterte on Aug. 31 this year, voiding the grant of amnesty to Trillanes.

“Given its findings, both on the legality of Proclamation No. 572, and its factual bases, the Court finds no reason to disturb the doctrine of immutability of a final and executory judgment,” Judge Soriano said in his resolution.

“Meanwhile the law is vibrant. Jurisprudence is its lifeblood. Subsequent jurisprudence may forge new horizons in which exceptions to the immutability of a final and executory judgment may be born,” the resolution continued.

Judge Soriano, in his resolution, sustained the factual bases for the issuance of President Duterte’s Proclamation No. 572 that voided Trillanes’ amnesty, but said that he had to deny the government’s motion for the issuance of an arrest warrant against Trillanes on the coup d’etat case which had been dismissed seven years ago.

“For now, the Court finds itself powerless to disturb the said doctrine even it had sustained the factual bases for the issuance of Proclamation No. 572,” the Makati RTC’s resolution read.

“Wherefore, premises considered, the prosecution’s Very Urgent Ex-Parte Omnibus Motion for the Issuance of Hold Departure Order and Alias Warrant of Arrest against accused Antonio F. Trillanes IV is DENIED DUE COURSE,” it added.

Earlier, acting prosecutor General Senior Deputy State Prosecutor Richard Fadullon has confirmed that the Makati Regional Trial Court has denied the motion of the Department of Justice for the issuance of an arrest warrant for
Trillanes on his coup d’etat case.

Fadullon had already received a copy of the Makati RTC branch 148 coming from Judge Soriano before Trillanes got a copy of the same resolution.

(with a report from Moira Encina, Eagle News Service)